10th Circuit weighs whether Constitution protects bystander recordings of police

Colorado Politics: Although several federal appeals courts across the country have held that the First Amendment protects a person’s right to record police officers performing their duties in public, that right has yet to be recognized in Colorado.

That may change, however, as a panel of three judges on the U.S. Court of Appeals for the 10th Circuit heard oral arguments on Wednesday about the right to record. In an unusual move that signified the importance of the issue, the U.S. Department of Justice participated in the arguments even though it was not a party to the case.

Natasha N. Babazadeh, with the Justice Department’s Civil Rights Division, told the panel that in the past year, there have been eight court cases within the six-state region of the 10th Circuit that have implicated the right to record.

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